Average Settlement For Car Accident Back & Neck Injury ‘25

How Much is a Car Accident Back and Neck Injury Case Worth?

Settlements in cases involving neck and back injuries can vary widely, and the final settlement amount depends on injury severity, the circumstances of the accident, and other case-specific factors.

Determining an average settlement value can be difficult because not all law firms publish settlement data. However, in December 2025, we collected data published by several law firms (shown in the table below).

Based on the data we found, the average settlement for car accident neck and back injuries is likely around $12,000-$90,000.

Understanding average case values can be helpful, but the only way to get a clear picture of how much your case may be worth is to contact a personal injury lawyer experienced with car accident cases.

Settlement Amounts Reported by Law Firms

*Average settlement amounts were collected from law firms in December 2025.

Why Back and Neck Settlement Values Differ

Every case is unique, but these factors have the largest impact on case value:

Injury Severity

In general, the worst car crash injuries lead to higher case settlements. Severe injury cases are more likely to require extensive treatment and time off from work, while causing greater pain and suffering.

Pre-Existing Conditions

If you have a pre-existing condition related to your injury, it can be harder to recover the compensation you deserve. For example, imagine you have a pre-existing herniated disk and suffer another one in a car accident. In this case, the other side may try to argue that both disk herniations were pre-existing.

Insurance companies are infamous for using pre-existing conditions to try to reduce settlement amounts. They may attribute symptoms of the new injury to a related pre-existing condition. They also might exaggerate minor medical problems from the past.

For example, imagine you suffered a minor concussion with neck pain a few years ago, and you recently sustained a whiplash injury in a car crash. An unethical insurance company might describe the past medical event as a “severe neck injury” to try to justify a low payout for your recent event.

Temporary vs. Permanent Impairment

Some back and neck injuries can have a profound impact on your life. If your injury is deemed to be permanent, meaning it is irreversible, then the case value should reflect this impact.

Liability

If you live in a state with modified comparative negligence laws, your compensation may be reduced by your percentage of fault. This means your settlement might be lower if you contributed to your accident.

For example, imagine a reckless driver hits your car, causing a serious back injury. An investigation determines that the other driver was 80% at fault for the crash, and you were 20% at fault.

If a court awards you $100,000, that amount must be reduced by your percentage of fault. You would ultimately receive $80,000.

Most states have comparative or modified comparative negligence laws. However, a handful have contributory negligence laws instead. In contributory negligence states, you may not recover any compensation if you contributed to your accident in any way.

Even if you were 1% at fault and the other driver was 99% at fault, you would not be compensated for your injuries.

Total Insurance Coverage

In many cases, an at-fault driver’s insurance pays for your damages up to their policy limit. The less coverage they have, the lower your settlement is likely to be.

Often, the at-fault driver’s insurance policy may not be adequate to cover your losses. For example, in Louisiana, drivers are required to carry a minimum of 15/30/25 insurance. This policy includes $15,000 of bodily injury liability coverage per person, $30,000 of bodily injury liability coverage per accident, and $25,000 of property damage coverage.

It’s not unusual for serious back and neck injuries to cost tens of thousands of dollars (or more) to treat. For example, imagine you’re injured by a Louisiana driver with the minimum required insurance, and you have $45,000 in medical bills.

The driver’s insurance would only contribute $15,000, leaving you to cover the other $30,000 on your own. If you have uninsured/underinsured motorist insurance, you might be able to cover the difference by filing a claim against your own policy.

Quality of Legal Representation

It’s important to take the time to find a lawyer with experience to represent you after a crash. Attorneys who are skilled negotiators are more likely to secure higher settlements.

Your Income

Often, lost wages make up a significant part of a car accident settlement. If you missed 500 total hours of work and you make $40 per hour, your settlement will likely be larger than if you make $12 per hour.

Types Of Damages Awarded in Back and Neck Injury Cases

Damages refer to the compensation owed in a personal injury case. In a car accident case, the at-fault driver may owe damages to people injured due to their negligence, such as drivers, passengers, and pedestrians. This is often handled through the driver’s insurance. Damages in car accident cases are typically broken into these categories:

• Medical and rehabilitation expenses. This includes all of your medical bills for treatments directly related to injuries from the car accident. It also includes ongoing or future medical expenses, such as for physical therapy or specialized care.
• Lost wages. If your injuries prevent you from returning to work or continuing your profession - even if you are self-employed - the income you've lost may be included in your case value. This applies to income you have already missed, as well as estimated future income.
• Pain and suffering. While more difficult to quantify than other damages, pain and suffering are often calculated by attorneys and insurance companies by multiplying other damages by a number between 1.5 and 5. The pain and suffering multiplier depends on the severity of injuries suffered.

Evidence of Back and Neck Injuries

Seeking prompt medical examination is the most important step you can take to establish the extent of your injuries. Even if you did not see a medical professional on the day of the accident, it is helpful to undergo an examination as soon as possible.

Carefully maintain any records given to you by your doctor and save receipts for any medical expenses. A car accident lawyer can help you identify important documents and make sure records are preserved appropriately for a lawsuit. Fill out the form on this page to get your case reviewed for free.

Common Car Accident Back and Neck Injuries

Severe back and neck injuries are generally obvious at the scene of the car accident due to significant pain or inability to move. Paramedics will examine you on site, but will likely transport you to a hospital for treatment of major injuries.

Other injuries to the back and neck are less apparent right after an accident. It is important to be examined by a medical professional if you develop new or worsening pain after an accident. Neck and lower back injuries are some of the common car crash injuries that you may not recognize immediately.

These are some of the most common back and neck injuries from car accidents:

• Whiplash (neck strain). Whiplash occurs when your neck and spine move forcefully during a car crash. It can often be treated without long-term care, although some people experience chronic effects after whiplash.
• Spinal fracture. Spinal fractures can occur from trauma to the body during a car accident. Minor fractures may heal with limited treatment, but severe fractures often require surgery to correct or mitigate the damage.
• Herniated disk. Spinal disks are natural cushions between vertebrae in the spine. A herniated disk is often felt as pain in the lower back or neck, but it can occur anywhere along the spine.
• Spinal cord damage. Car accidents are the leading cause of spinal cord injuries. These can be devastating injuries that may impact your ability to walk, move, or even breathe on your own.

How to Prove a Back and Neck Injury

Your lawyer should be able to prove the existence of your back or neck injury through your medical records. However, that’s not all they must establish. To win your case, your lawyer must also demonstrate the elements of negligence.

The At-Fault Driver Had a Duty of Care

This means that the other driver was legally and ethically required to avoid causing harm. For instance, all drivers owe one another a duty of care to obey traffic laws.

They Breached That Duty

This means the driver fails to fulfill their duty of care. For example, if a driver speeds through a red light while texting, they may have violated a traffic law and therefore breached the duty of care.

Their Breach of Duty Caused Your Injuries

In car accident cases, this point is often easy to prove. If a driver hit you while running a red light, it’s clear that their breach of duty caused your injuries.

You Have Damages to Collect

“Damages” refers to payment for losses. To prove this element, your lawyer must show that the driver’s actions have led to losses like medical bills, lost wages, and pain and suffering.

Do I Need a Lawyer for a Car Accident Injury Settlement?

After a car accident, settlement offers are usually extended through insurance companies. You can negotiate a settlement without a lawyer, but keep in mind that insurance companies are not incentivized to give you the best offer.

If you’ve received an offer that doesn’t seem fair, a lawyer can help you accurately estimate your damages and negotiate on your behalf. Settlements negotiated by a lawyer are often higher than those without a lawyer’s input. If the insurance company refuses to offer a reasonable settlement, a lawyer will already be prepared to file a lawsuit on your behalf.

You shouldn’t rush through choosing your car accident lawyer. Your choice of attorney can make the difference between securing a fair settlement and walking away with nothing at all. If you aren’t sure how to find a lawyer, ConsumerShield can help. Fill out the form on this page to get your case evaluated for free.